Juan:'So, if I was threatened and then physically attacked by a stranger or a friend, then that person could be charged with assault and battery, and if the injuries were more serious, it would be aggravated assault and battery?'
Peter:'Yes, they would be.'
Juan:'Would it be the same if the person was a member of my family or an ex-partner?'
Peter:'Even though the crimes are basically the same (i.e. you are attacked), the crime is called domestic violence or aggravated domestic violence if the perpetrator, the person doing it, is or was a member of your family. And the courts will often punish the person who did it more severely.'
Juan:'That makes sense. I have a question. What does aggravated mean? It seems to make crimes more serious and you are punished more if you are convicted.'
Peter:'Basically, it does. With aggravated assault and battery for example, it means the injuries were a lot more severe than with simple assault and battery.'
Juan:'And what about aggravated burglary?'
Peter:'In addition, aggravated is also often added to some crimes which are not necessarily violent. So if it is added to burglary or sexual assault, it means that violence or the threat of violence (maybe with a weapon) were also used when the crime was being committed. And you will be punished more if convicted of the crime.'
Juan:'When you say sexual assault, you mean when somebody rapes someone?'
Peter:'No, they are different. Rape is a more serious crime than sexual assault.'
Juan:'But in both a person forces somebody to have sexual intercourse with them against their will or without consent.'
Peter:'Actually, no. Rape is what you just described, where there is penetration of the penis in the other person's mouth, vagina or anus. Whereas with sexual assault, there is physical contact but no penetration. The person is touched in or is made to touch certain areas of the body (e.g. a woman's breasts) against their will or without consent by another person for sexual gratification.'
Juan:'And would it be sexual assault if a person made repeated sexual comments about another person?'
Peter:'No, it wouldn't. If someone makes repeated socially inappropriate comments (e.g. sexual, racial, critical etc...) to or about another person or repeatedly makes any type of threatening comments to or about them which harms a person emotionally or psychologically, it is a criminal offence called harassment.'
Juan:'And what is the crime called when you take somebody somewhere against their will or without their consent, like stealing a person.'
Peter:'It depends on the reason why you are taking them.'
Juan:'I don't understand what you mean.'
Peter:'Well, if you take somebody to somewhere against their will or without their consent and then hold them there to force another person to do something for you (like pay you money or to do an action) then the criminal offence is called kidnapping. Whereas if you do basically the same, but you are not doing it to force another person to do something for you, then that would be called abduction, which is a less serious crime.'
Juan:'So if I took an ex-partner against her will to my house and stopped her from leaving because I was jealous and angry, that would be abduction, wouldn't it?'
Peter:'Yes, it would. And you would also probably be charged with the crime of false imprisonment for stopping her from leaving your house as well.'